HomeMy WebLinkAbout15- Termination of Coffee Shop at the Library Real Property Lease Agreement TERNIINATION OF
REAL PROPERTY LEASE AGREEMENT
Coffee Shop at the Bozeman Public Library
This TERMINATION OF LEASE AGREEMENT (the"Termination") is effective as of MarchL §015
(the "Effective Date")between the Bozeman Library Board of Trustees (referred to herein as the "Lessor") and
Jason Cargill, a sole proprietor doing business as Lindley Perk ("Lessee" and collectively with Lessor the
"Parties").
WHEREAS,the Parties entered into the Lease Agreement attached as Exhibit A(the"Lease"),and
WHEREAS, the Parties desire to terminate the Lease and release each other from all liability thereunder
as of the Effective Date.
NOW, THEREFORE, in consideration of the above recitals and other good and valuable consideration
the receipt and sufficiency of which is hereby acknowledged,the Parties agree and covenant as follows:
1. Early Termination. The Lease shall terminate as of the Effective Date in the same manner and with
the same effect as if that date had been originally fixed in the Lease for the expiration of the term,
conditioned on the complete performance and full compliance by Lessee of the provisions of this
Agreement.
2. Surrender of Premises. Lessee agrees to surrender the Premises as of the Effective Date pursuant to
the terms of the Lease. If Lessee fails to vacate the Premises on or before the Effective Date,
Lessor's remedies shall be as specified in the Lease.
3. Rent. Lessee shall pay to Lessor all monthly rent specified in the Lease through the Effective Date.
4. Compliance with Obligations. Even after the Effective Date of this Agreement, the Parties remain
responsible for any obligations that arose under the terms of the Lease before the Effective Date.
5. Release. Lessor and Lessee hereby release the other and their partners,officers, directors,employees,
agents, trustees, and beneficiaries from any and all claims, demands, obligations and liabilities the
releasing party may have or would have had against the released party had the Lease not been
terminated by this Agreement. This mutual release is intended to include in its effect, without
limitation, all claims which the releasing party,as of the Effective Date, does not know of or suspect
to exist with respect to the Lease,except as specifically reserved herein.
6. Voluntary Agreement. The parties have read this Agreement, have had adequate opportunity to
consult with independent counsel of their choosing, and by their signatures below freely and
voluntarily enter into this Agreement.
7. Definitions. All capitalized terms not otherwise defined herein have the meanings assigned to them
in the Lease.
8. Entire Agreement; Amendment. This Agreement sets forth the entire agreement between the Parties
with respect to the subject matter of this Agreement.This Agreement may not be amended except by
a writing duly authorized and executed by the party against whom enforcement is sought.
9. Binding Agreement. All provisions of this Agreement shall be binding upon and inure to the benefit
of the respective successors and assigns of Lessor and Lessee.
Termination of Lease for Coffee Shop at the Bozeman Public Library
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10. Attorney Fees. In the event any litigation arises concerning the construction of, enforceability of, or
performance under this Agreement, including any action or proceedings in bankruptcy court, the
prevailing party will be entitled to recover reasonable attorneys' fees and costs of the litigation.
11. Governing Law. This Termination Agreement shall be governed and construed in accordance with
the laws of the State of Montana.
12. Counterparts. This Agreement may be executed in multiple counterparts, which when signed by all
parties will constitute a single agreement.
IN WITNESS WHEREOF, dated effective as first above written:
LESSOR:
Bozeman P bkc brry d of Trustees
By: f ( Gc2c
Its:
L � 1
Date: t e f, —
LESSEE:
Jason Car
By: r—
Da
Termination of Lease for Coffee Shop at the Bozeman Public Library
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ACKNOWLEDGMENTS
STATE OF MONTANA )
ss.
County of Gallatin )
This instrument was acknowledged before me on 1.� , 2015, by Jason Cargill, sole
proprietor doing business as Lindley Perk.
4ted Name:
"`'I"'' HEATHER BIENVENUE NOTARY PUBLIC for the State of Montana
�p B1Fry',
Notary Public RESIDING AT , Montana
yr• �q�?c for the State of Montana My Commission Expires 520
Residing at:
Nr•SEAL.•Q Bozeman, Montana
>� ••.. My Commission Expires:
OF
„, 'O January 26,2018
,
STATE OF MONTANA )
ss.
County of Gallatin )
This instrument was acknowledged before me on , 2015,by [ s
G 1`` of the Bozeman Public Library Board of Trustees.
Printed Nae:
NOTARY IC for the State of Montana
RESIDING AT ,Montana
[ �si./v HEATHER BIENVEP SUE My Commission Expires , 20_
a. ' ;6, , Notary Public
for the State of Montana g
Residing at:
.cap;•SEAL..'* Bozeman, Montana
" � � ? My Commission Expires:
'�,,,,,>> ` January 26,2018
Termination of Lease for Coffee Shop at the Bozeman Public Library
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